Request to Vacate Sanitary Sewer Easement at University Extension_MRJD PropertiesMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacate Sanitary Sewer Easement
DATE: March 8, 2013
Dubuque
kital
All- America City
II h/
2012
In response to a request from Douglas Dolter of MRJD Properties LLC aka Dubuque
Mattress, Inc. to vacate a sanitary sewer easement in Lot 2 University Extension Place,
City Engineer Gus Psihoyos states that the City does not have a need for the existing
sanitary easement proposed to be vacated. City Engineer Gus Psihoyos recommends
approval of the request to vacate for the cost of publication and filing fees.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
brit44 krt., italy,
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Vacate Sanitary Sewer Easement
DATE: March 11, 2013
INTRODUCTION
Dubuque
kraiti
All- America City
IV
2012
This is in response to a request from Douglas Dolter of MRJD Properties LLC aka Dubuque
Mattress, Inc. requesting the vacating of a sanitary sewer easement in Lot 2 University
Extension Place in the City of Dubuque, Iowa.
DISCUSSION
The attached exhibit shows the area of the sanitary sewer easement to be vacated and the
location of a new easement for the relocated line over and across Lot 2 University
Extension Place in the City of Dubuque, Iowa. The property is owned by Dubuque
Mattress, Inc.
A new facility is proposed for the site. The proposed structure will encroach on the
easement of an abandoned sanitary sewer. The City had previously relocated the sanitary
sewer with a new easement providing for the relocated sanitary sewer on a Plat of Survey
of Lots 1 and 2 of University Extension Place.
RECOMMENDATION
The City does not have a need for the existing sanitary easement proposed to be vacated. I
would recommend approval of the request to vacate the existing sanitary easement
crossing Lot 2 of University Extension Place as shown on the attached exhibit. I would
further recommend that the vacating and release of the easement be held for public hearing
on March 18, 2013 for the cost of publication and filing fees.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public hearing should
be held on the vacating and disposal of City interest in an existing sanitary sewer easement
on Lot 2 University Extension Place through adoption of the enclosed resolution.
Prepared by Ron Turner, PLS
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589 -4270
Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589 -4270
RESOLUTION NO, 93 -13
RESOLUTION DISPOSING OF CITY INTEREST IN A SANITARY
SEWER EASEMENT IN LOT 2 UNIVERSITY EXTENSION PLACE IN THE
CITY OF DUBUQUE, IOWA
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on this 8th day of March, 2013, the City
Council of the City of Dubuque, Iowa met on the 18th day of March, 2013, at 6:30
p.m. in the Historic Federal Building Council Chambers (second floor), 350 West
6th Street, Dubuque, Dubuque County, Iowa to consider the Release of
Easement for sanitary sewer on and over real estate described as:
Lot -2 University Extension Place, in the City of Dubuque, Iowa.
Whereas, the City Council of the City of Dubuque, Iowa overruled any and
all objections, oral or written to the proposal to sell such real estate, except for
easement as noted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That a Release of Easement for sanitary sewer as shown on
the Plat of Survey of Lot 1 & Lot 2 of University Extension Place recorded as file
no. 2013 -3213 in the office of the Dubuque County Recorder over & across real
property described as Lot 2 University Extension Place in the City of Dubuque,
Iowa, to MRJD Properties LLC, be and the same is hereby approved for the sum
of publication, and filing fees.
Section 2. That the Mayor be authorized and directed to execute a
Release of Easement, and the City Clerk be and is hereby authorized and
directed to deliver said Release of Easement to MRJD Properties LLC, upon
receipt of publication and filing fees paid in full.
Section 3. That the City Clerk be and is hereby authorized and directed
to record a certified copy of this resolution in the offices of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 18th day of March , 2013.
y D. Buol, Mayor
Attest:
Kevi S. Firnstahl, MC, City Clerk
I
Doc ID 007655000004 Type GEN
Kind RESOLUTION
Recorded: 04/01/2013 at 02:26:47 PM
Fee Amt: $22.00 Page 1 of 4
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F11e2013- 00005632
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589 -4270
Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589 74270
RESOLUTION NO, 93 -13
RESOLUTION DISPOSING OF CITY INTEREST IN A SANITARY
SEWER EASEMENT IN LOT 2 UNIVERSITY EXTENSION PLACE IN THE
CITY OF DUBUQUE, IOWA
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on this 8th day of March, 2013, the City
Council of the City of Dubuque, Iowa met on the 18th day of March, 2013, at 6:30
p.m. in the Historic Federal Building Council Chambers (second floor), 350 West
6th Street, Dubuque, Dubuque County, Iowa to consider the Release of
Easement for sanitary sewer on and over real estate described as:
Lot 2 University Extension Place, in the City of Dubuque, Iowa.
Whereas, the City Council of the City of Dubuque, Iowa overruled any and
all objections, oral or written to the proposal to sell such real estate, except for
easement as noted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That a Release of Easement for sanitary sewer, as shown on
the Plat of Survey of Lot 1 & Lot 2 of University Extension Place recorded as file
no. 2013 -3213 in the office of the Dubuque County Recorder over & across real
property described as Lot 2 University Extension Place in the City of Dubuque,
Iowa, to MRJD Properties LLC, be and the same is hereby approved for the sum
of publication, and filing fees.
Section 2. That the Mayor be authorized and directed to execute a
Release of Easement, and the City Clerk be and is hereby authorized and
(P,;)-9.00
cikCJ -
directed to deliver said Release of Easement to MRJD Properties LLC, upon
receipt of publication and filing fees paid in full.
Section 3. That the City Clerk be and is hereby authorized and directed
to record a certified copy of this resolution in the offices of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
Attest:
Passed, approved and adopted this 18th day of March ,2013.
Kevi S. Firnstahl, MC, City Clerk
D Le,
y D. Buol, Mayor
STATE OF IOWA
CERTIFICATE of the CITY CLERK
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 93 -13 is a true and correct
copy of the original
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 20th day of March, 2013.
/r!iI
Cr-
Key' S. Firnstahl,'C � ity Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589 -4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589 -4270
RELEASE OF EASEMENT
Whereas, a Grant of Easement for sanitary sewer was filed in the office of the
Recorder of Dubuque County, Iowa, in Book 49, page 65, on April 26, 1957; and
Whereas, by said easement, the proprietors granted the City a twenty foot wide
sanitary sewer easement across Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and
Lot 2 of Mineral Lot 238, in Dubuque County, Iowa, which twenty foot wide sanitary
sewer easement is set forth and appear on said document; and
Whereas, by the actual location of the relocated sanitary sewer and the
easements established therefore as shown on the Plat of Survey of Lots 1 and 2 of
University Extension Place prepared by IIW, P.C. dated February 12, 2013 and
recorded as file number 2013 -3213 in the Office of the Dubuque County Recorder.
NOW THEREFORE, for good and valuable consideration, the undersigned, City
of Dubuque, Iowa, does hereby forever release, vacate, abandon and discharge the
sanitary sewer easement in Lot 2 University Extension Place in the City of Dubuque,
Iowa as shown on the attached Exhibit to MRJD Properties, LLC; however, this Release
in no way releases, vacates, abandons or discharges any other easement shown on the
Grant of Easement filed in the office of the Recorder of Dubuque County, Iowa, in Book
49, page 65.
Attest:
Kevin
Passed, approved and adopted this 18th day of March, 2013.
irnstahl, CMC�' Clerk
U Roy D. Buol, Mayor
SANITARY SEWER EASEMENT
VACATE EXHIBIT
DUBUQUE MATTRESS, INC.
PLAT OF SURVEY
LOT 1 AND LOT 2 OF UNIVERSITY EXTENSION PLACE, IN
THE CITY OF DUBUQUE, IOWA
LINE BEARING DISTANCE '---- L= 71.73' (71.74')
L1 S43'37'21 "W 30.86' ail • R= 40.00' (40.00')
(543'38'03 "W) (30.86') / �� ,LIS' 21 E `� A= 102'45'01 (102'45'27 ")
L2 (S2Q'40 29 "W) (48 00') /'' p• PI \S1 C�61 N'S6� • N N -7ZOcj'4� �` • �..�..� 62 50' (62.50')
L3 S68'55'57 "E 29.72' ��'( J L 64.2 PART OF LOT 2
(568'55'15 "E) (29.72') �p Vacate sanitary ` NEWMAN PLACE NOTE
// • f?,. PZ1• ,1(3. N'51) easement 12 M� 23T 2 UNIVERSITY AVENUE
' e� ti ��
2- `-- o SOT pN EXTENSION R.O.W. IS SHOWN
'1IN N32'53'O 'W M�,249 N `��. NE E PER IOWA- D.O.T. ACQUISITION
X69\
,...'4. 74.00' LOT 2 m m ,, `� PLAT FOUND IN WARRANTY DEED (DOCUMENT
:61)96) �' 48,619SQ.FL C
;:g11 -�. N . :'35'57 "W Z ` \ \
9� 96 °E 'I�'` `\ �S 13.84' c PROPOSED 30' p ' `
��4691h 6� 558�0 1l 5 /8• \ �i\`� SEWER SANITARY o 0 b fl 1 `
py Oco,-,0 ,y L #7363 \ �i. \ ASEMENT y -- 1n LEGEND
CYO i I YELLOW a 19.66' / —1
PLAT 9 CAP W EXISTING 48' \s �F` `\ \\ • N839 771 W (A -< LOT __
EASEMENT LINE
WIDE STORM
2• SEWER \\ ls� �� (N83.55'09 "W • < O D ® FOUND R.O.W. RAIL
1/2." PER \ •s ` ��`a- �'`/ 69.77') A z • FOUND IRON REBAR (SIZE AND
_23 it
DOCUMENT \L' " • m CAP AS NOTED) AS
ORANGE PLASTIC CAP NO. 20999
#2005 -4193 cn Z (SIZE RECORD INFORMATION
LOT 1
\/?' • 17 „ 1 rn
0 SET 5/8" IRON REBAR W/
I'M-
1_30 T 2-A
243
'):45p. 4. 2 3�, No APPROXIMATE CL • oao b5'O9 "E "87 59') P.0.8. POINT OF BEGINNING
M SOT 2 N��2 o_ 20' • R.O.W. RIGHT OF WAY
NOTE `��'? A 2 4L_ ZhB. r•i
WIDE SANITARY
THE 30' WIDE SANITARY SEWER r{p�' M4 SEWER 504'48'39 "E 48.50'
J EASEMENT (504'47'57 "E 48.63') 207.25')
EASEMENT SHOWN ON THIS PLAT 206.92' (
(PROPOSED TO
REFLECTS CURRENT AS -BUILT BE VACATED) •
CONDITIONS. SW CORNER o.,
LOT 170.68' W 473.68')
LOT 2 (S84'31'06'
95.96' • $g1.57�54 "W 473.56'
US HIGHWAY 20
,,Hau1IIlllu110,„
NORTH
GRAPHIC SCALE
0 50
100
1 " =50'
DRAWING MAY HAVE BEEN REDUCED
NW CORNER
LOT 2
PROPRIETOR: ELM REAL ESTATE, L.C.
SURVEYED FOR: STEVEN DUMMERMUTH
DATE OF SURVEY: JANUARY 28, 2013
DESCRIPTION: LOT 2 OF NEWMAN PLACE AND LOTS 1 AND 2 OF LOT 2 OF LOT 1
OF LOT 2 OF MINERAL LOT 237 AND LOT 2 OF MINERAL LOT 238
AND A SUBDIVISION OF PART OF LOT 1 OF THE SUBDIVISION OF
MINERAL LOT 248, EXCEPT THAT PART ACQUIRED BY THE IOWA
D.O.T. AS RECORDED IN WARRANTY DEED DOCUMENT #2005 -5401,
IN THE CITY OF DUBUQUE, IOWA.
SE CORNER
LOT 2
5/8•
NO CAP
NOTE
THIS SURVEY IS SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND RIGHTS -OF -WAY
OF RECORD AND NOT OF RECORD.
0,05I8IlU,, -
`. *` `,.,,,, ,,�' *�'`:
=JEFFREY J. s
BRANDT
o LS 20999:
f eq,Npl Nn g15J�``````
I HEREBY CERTIFY THAT THIS LAND SURVENNG DOCUMENT WAS PREPARED
AND THE RELATED SURVEY WORK'WAS PERFORMED BY ME ON UNDER MY
DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND
SURVEYOR UNDER WE LAWS OF THE STATE OF IOWA.
FOR 8W, P.C.
9/5 -prZr Z -47-13
JE�RiF/t��1. BRAIN DATE
LICENSE NO. 20999 MY LICENSE RENEWAL DALE IS 12/31/2013
PAGES OR SHEETS COVERED BY THIS SEAL SHEETS 1 MD 2
1
WEAN TCDPDS1( OLUDDW
DRAWN JJB
MCNIELIME
Mfg.
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1.1110.11.374126.1.1
PLAT NO. 3 -IA -13
CHECKED CLD
PROJ. NO. 12218
DATE 1 -31 -13
SHEET 1 of 2
P, \12\ 218\ 218- 04\DRAYBIGS \SURVEYV122I8 -048
Doc ID: 007655010002 Type GEN
Kind RELEASE OF EASEMENT
Recorded: 04/01/2013 at 02:27:50 PM
Fee Amt: $12.00 Page 1 of 2
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F11e2013- 00005633
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589 -4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589 -4270
RELEASE OF EASEMENT
Whereas, a Grant of Easement for sanitary sewer was filed in the office of the
Recorder of Dubuque County, Iowa, in Book 49, page 65, on April 26, 1957; and
Whereas, by said easement, the proprietors granted the City a twenty foot wide
sanitary sewer easement'across Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and
Lot 2 of Mineral Lot 238, in Dubuque County, Iowa, which twenty foot wide sanitary
sewer easement is set forth and appear on said document; and
Whereas, by the actual location of the relocated sanitary sewer and the
easements established therefore as shown on the Plat of Survey of Lots 1 and 2 of
University Extension Place prepared by IIW, P.C. dated February 12, 2013 and
recorded as file number 2013 -3213 in the Office of the Dubuque County Recorder.
NOW THEREFORE, for good and valuable consideration, the undersigned, City
of Dubuque, Iowa, does hereby forever release, vacate, abandon and discharge the
sanitary sewer easement in Lot 2 University Extension Place in the City of Dubuque,
Iowa as shown on the attached Exhibit to MRJD Properties, LLC; however, this Release
in no way releases, vacates, abandons or discharges any other easement shown on the
Grant of Easement filed in the office of the Recorder of Dubuque County, Iowa, in Book
49, page 65.
Passed, approved and adopted this 18th day of March, 2013.
Attest:
Kevin :. irnstahl, CMC ''Clerk
ell 9
U Roy D. Buol, Mayor
State of Iowa )
) ss:
County of Dubuque )
On this /9' day of ( , 2013, before me, a Notary Public in and for the
State of Iowa, personally appeared Roy D. Buol and Kevin S. Firnstahl, to me
personally known, and who being by me duly sworn, did say that they are the Mayor
and City Clerk, respectively, of the City of Dubuque, Iowa; that the seal affixed to the
foregoing instrument is the Corporate seal of the City of Dubuque, Iowa, and that said
instrument was signed and sealed on behalf of the said City of Dubuque, Iowa, by
authority of the City Council of said city, and the said Roy D. Buol and Kevin S. Firnstahl
acknowledged the execution of said instrument to be the voluntary act and deed of said
City of Dubuque Iowa, by it voluntary executed
IRISH L, GLEASON
Commission Number 719986
My Commission Expires
Notary Public in and for the State of Iowa
My Commission Expires /a•►j.i�
•
(Page 1 of 4)
W
ZNZ
s
m
PLAT OF SURVEY
LOT 1 AND LOT 2. OF UNIVERSITY EXTENSION PLACE, IN
THE CITY OF DUBUQUE, IOWA
�3l •
yp1F •'N764.2,1'5 "E
106�3
`N 64.24 )
6�2 LOT 12 ML 231,
2 ~1_238.
2 400D'9 W ML 2� LOT 2
48,619 SQ. FT.
LINE DEARING DISTANCE
L1 S4337'21 "W 30.86'
(543'38'03 "W) (30.86') . J�
L2 520'39'47 "W 48.00' /� \10
(520 40'29 "W) (48.001 1?.. ��51
L3 S68'55'57"E 29.72' (568 5515 E) (29.72') / -'' /'' S cSk ,o APR •
/ l9�bO96i
R060h 09 63221''56'
NOROGa k6 �ti 19�
9
1/2
NW CORNER
LOT 2
1.3014.2:2145
237
NOTE
THE 30' WIDE SANITARY SEWER
EASEMENT SHOWN ON THIS PLAT
REFLECTS CURRENT AS -BUILT
CONDITIONS.
LP
5/8 ". \ .7., \
YELLOW \ . auLS ^ \ `',,\
CAP
EXISTING 48'\ � F �` ��`
'WIDE STORM ��
SEWER \\ iS ��,
EASEMENT PER Ns 'y.
DOCUMENT \us-
#2005 -4193'
1363
3
N32
'53'09"W
N6835'57 "W
113.84' PROPOSED 30' a
1MDE SANITARY o
SEWER
N83 55 51 "W
9.77
2
us co.
%06
4
LOT 1
34,178 SQ. FT.
PROPRIETOR: ELM REAL ESTATE, LC.
SURVEYED FOR: STEVEN DUMMERMUTH
DATE OF SURVEY: JANUARY 28, 2013
0
N
LOS 2 M- 237. w°
2 -1- 236.
ML-248 r*i
SW CORNER
LOT 2
95.96'
co
Q111_
ASEMENT 19.66'
•
(N83 55'09"
/ 69.77)
v
L= 71_73' (71.74')
R =40.00' (40.00')
1'.= 10245'01" (102'45'27 ")
CHORD= S5628'53 °E
(S56 28'11 °E)
62.50' (62.50')
PART OF LOT 2
NN \AN PLACE NOTE
UNIVERSITY AVENUE
NpN EXTENSION R.O.W. IS SHOWN
� PLACE PER IOWA D.O.T. ACQUISITION
, PLAT FOUND IN WARRANTY
/C DEED (DOCUMENT
Z \ #2005 -5401)
,.,Nmllllum0,,..
NORTH
GRAPHIC SCALE
0 50 100
1 " =50'
DRAWING MAY HAVE BEEN REDUCED
G3 S83:55'51 "E 8759'
(S83'55'09 °E 87.5g'
•
APPROXIMATE.
EXISTING 20'
WIDE SANITARY
SEWER
EASEMENT
(PROPOSED TO
BE VACATED)
581.57'541
DESCRIPTION: LOT 2 OF NEWMAN PLACE AND LOTS 1 AND 2 OF LOT 2 OF LOT 1
OF LOT 2 OF MINERAL LOT 237 AND LOT 2 OF MINERAL LOT 238
AND A SUBDIVISION OF PART OF LOT 1 OF THE SUBDIVISION OF
MINERAL LOT 248, EXCEPT THAT PART ACQUIRED BY THE IOWA
D.O.T. AS RECORDED IN WARRANTY, DEED DOCUMENT #2005 -5401.
IN THE CITY OF DUBUQUE, IOWA.
•
SO4'48'39 "E 48.50'
(SO4'47'57 "E 48.63')
•
170.68
(S84'31'06 "W
473.56'
US. HIGHWAY 20
C
f Xm
I N LEGEND
- Z�C - - -- LOT LINE BOUNDARY
N - - -- EASEMENT LINE
W FOUND R.O.W. RAIL
% Z • FOUND IRON REBAR (SIZE AND
Z CAP AS NOTED)
c • FOUND IRON PIPE (SIZE AS
f11
NOTED)
0 SET 5/8" IRON REBAR W/
ORANGE PLASTIC CAP NO. 20999
( ) RECORD INFORMATION
P.O.B. POINT OF BEGINNING
R.O.W. RIGHT OF WAY
SE CORNER
LOT 2
206.92 (207.25 _ 5/8
- - NO CAP
NOTE
473'88') THIS SURVEY 15 SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND RIGHTS -OF -WAY
OF RECORD AND NOT OF RECORD.
1 HEREBY CERTIFY THAT THIS LAND SURVEYWC DOCUMENT WAS PREPARED '2' r
AND THE RELATED SURVEY TAW WAS PERFORMED BY ME DR UNDER 1IT
DIRECT PERSONAL SUPERVISION AND THAT I AM -A DULY UETNSED LAND
SURVEYOR UNDER THE LAYS OF THE STATE OF IOWA.
FOR 1W, P.C.
RIFT DAZE
UCETISE. N0. 20999 MY LICENSE RENEWAL -DATE 13: 12/31/2013
PACES OR SHEETS COVERED BY TIS SEAL SHEL19 1 AND 2
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DATE 1 ,-31 -13 SHEET 1 of 2
P. \13V81\218AABRAAWNGSVDTBEY 1221Ifi1B
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File Number: 2013- 00003213 Seq: 1
THE CITY OF
DUB
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacate Sanitary Sewer Easement
DATE: February 28, 2013
Dubuque
AA- America City
2012
In response to a request from Douglas Dotter of Dubuque Mattress, Inc., City Engineer
Gus Psihoyos is recommending a public hearing be set for March 18, 2013, to consider
the vacation of a sanitary sewer easement in Lot 2 University Extension Place in the
City of Dubuque, Iowa.
A new facility is proposed for the site. The proposed structure will encroach on the
easement of an abandoned sanitary sewer. The City had previously relocated the
sanitary sewer with a new easement providing for the relocated sanitary sewer.
The City will not have a need for the existing sanitary easement proposed to be
vacated.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
kt4.7/k14,,,
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Vacate Sanitary Sewer Easement
DATE: February 22, 2013
INTRODUCTION
Dubuque
AFAnaxicar
2012
This is in response to a request from Douglas Dotter of Dubuque Mattress, Inc. requesting
the vacating of a sanitary sewer easement in Lot 2 University Extension Place in the City of
Dubuque, Iowa.
DISCUSSION
The attached exhibit shows the area of the sanitary sewer easement to be vacated and the
location of a new easement for the relocated line over and across Lot 2 University
Extension Place in the City of Dubuque. The property is owned by Dubuque Mattress, Inc.
A new facility is proposed for the site. The proposed structure will encroach on the
easement of an abandoned sanitary sewer. The City had previously relocated the sanitary
sewer with a new easement providing for the relocated sanitary sewer on a Plat of Survey
of Lots 1 and 2 of University Extension Place.
RECOMMENDATION
The City will not have a need for the existing sanitary easement proposed to be vacated. I
would recommend approval of the request to vacate the existing sanitary easement
crossing Lot 2 of University Extension Place as shown on the attached exhibit. I would
further recommend that the vacating and release of the easement be set for public hearing
on March 18, 2013 for the cost of publication and filing fees.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public hearing should
be set on the vacating and disposal of City interest in an existing sanitary sewer easement
on Lot 2 University Extension Place through adoption of the enclosed resolution.
Prepared by Ron Turner, PLS
RESOLUTION NO.76 -13
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST AND VACATE A
SANITARY SEWER EASEMENT OVER LOT 2 UNIVERSITY EXTENSION PLACE IN
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Dubuque Mattress, Inc. is the current owner of Lot 2 University
Extension Place in the City of Dubuque, Iowa; and
Whereas, an existing sanitary sewer easement is currently platted on said Lot 2
University Extension Place; and
Whereas, relocation of said sanitary sewer was constructed as part of the
University Avenue Extension Project; and
Whereas, Douglas Dolter, representing Dubuque Mattress, Inc., has petitioned to
vacate the existing sanitary sewer easement over and across said Lot 2 University
Extension Place.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to dispose of its interest and vacate
a sanitary sewer easement over Lot 2 University Extension Place in the City of
Dubuque, Dubuque County, Iowa, as shown on the exhibit attached hereto.
Section 2. That the City Clerk be and is hereby authorized and directed to cause
a notice of intent to dispose of said interest to be published in the manner as prescribed
by law.
Attest:
Passed, approved and adopted this 4th day of March , 2013.
Kevin J. Lyn
Kevin 1 irnstahl, M', ity Clerk
,� Mayor Pro Tern
a: a
LINE BEARING DISTANCE
L1 S43'37'21 "W 30.86'
(54318'03 "W) (30.86')
L2 520'39'47 "W 48.00'
(620'40'29 "w) (48.00')
L3 568'55'57 "E 29.72'
(568'55'15 "E) (29.72')
PLAT OF SURVEY
LOT 1 AND LOT 2 OF UNIVERSITY EXTENSION PLACE, IN
THE CITY OF DUBUQUE, IOWA
5a -S1
2
.' P4' \� \��yN • �N726A g3 ,E
� /' �S\ O `IPA l�6 (\7 64.24')
\�� \�R . `L�ys� �� UOT112 ML 237, 0 0
l tt� 1 2.-- M� 248
/' X17 N32'53'09 "W 1 M \--2 LOT 2
Nei •� 74.00'
`gb 131') 6) .'� �� 48,619 SQ. FT.
�918c 96. l6 _.nh '-d 1�1� `� ` ' `" - .113.84' i PROPOSED 30'
s� \ �‘� �\ WIDE SANITARY o b
�. SEWER o ,•
043 9111
YELLOW
\�\ �> ▪ \\ 4°. ^\ �\�EASEMENT 19 66' y
CAP
EXISTING 48'� F \�� N83'S55t "w
NW CORNER WIDE STORM \� ��� Vs--/.83:58:359,15:9)9"w
1 /z' LOT 2 SEWER 561
EASEMENT PER .. '-
DOCUMENT
...us.- � `V •
#2005 -4193
4. s• LOT 1 • I
L.3014....._243 1 2 ML_237 Aids 34,178 SQ. FT. co VAT • <3 : 3'55'09 "E 87.5g'
�4 LO'f 22 Mt- 237' L•!
• EXISTING • ROXIM 20' 9i
2JIA -238' WIDE SANITARY
2 ML -2q6 m SEWER ' SO4.48'39 "E 45.50'
4'47'57 "E 48.63' )
207.25 )
(PROPOSED TO 206.92' ( -� --
EASEMENT (S0
4-'47'57"E
BE VACATED) 170.66' J
SW LOTC2 CORNER (S84'31'06 "W 473.88')
95.96' • 473.56'
68157'54 "W US. HIGHWAY 20
L= 71.73' (71.74')
R= 40.00' (40.00')
A=102'45'01" (102'45'27 ")
CHORD= S56'28'53 "E
(S56'28'11 "E)
62.50' (62.50')
PART OF LOT 2
`. NEWMAN PLACE
N On
"
mm
NOTE N'
THE 30' WIDE SANITARY SEWER 365'
EASEMENT SHOWN ON THIS PLAT
REFLECTS CURRENT AS -BUILT
CONDITIONS.
.,Mil lul Illuul � I I i,.
NORTH
GRAPHIC SCALE
0 50 100
1" = 50'
DRAWING MAY HAVE BEEN REDUCED
NOTE
UNIVERSITY AVENUE
EXTENSION R.O.W. IS SHOWN
PER IOWA D.O.T. ACQUISITION
PLAT FOUND IN WARRANTY
DEED (DOCUMENT
#2005 -5401)
LEGEND
PLAT BOUNDARY
- - -- LOT LINE
- - -- EASEMENT LINE
® FOUND R.O.W. RAIL
• FOUND IRON REBAR (SIZE AND
CAP AS NOTED)
• FOUND IRON PIPE (SIZE AS
NOTED)
O SET 5/8" IRON REBAR W/
ORANGE PLASTIC CAP NO. 20999
( ) RECORD INFORMATION
P.O.B. POINT OF BEGINNING
R.O.W. RIGHT OF WAY
PROPRIETOR: ELM REAL ESTATE, LC.
SURVEYED FOR: STEVEN DUMMERMUTH
DATE OF SURVEY: JANUARY 28, 2013
DESCRIPTION: LOT 2 OF NEWMAN PLACE AND LOTS 1 AND 2 OF LOT 2 OF LOT 1
OF LOT 2 OF MINERAL LOT 237 AND LOT 2 OF MINERAL LOT 238
AND A SUBDIVISION OF PART OF LOT 1 OF THE SUBDIVISION OF
MINERAL LOT 248, EXCEPT THAT PART ACQUIRED BY THE IOWA
D.O.T. AS RECORDED IN WARRANTY DEED DOCUMENT #2005 -5401,
IN THE CITY OF DUBUQUE, IOWA.
SE CORNER
LOT 2
NOB CAP
NOTE
THIS SURVEY 1S SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND RIGHTS -OF -WAY
OF RECORD AND NOT OF RECORD.
„111111111111,,, /„
; JEFFREY J.
BRANDT
LS 20999 '
1 HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED
AND THE RELATED SURVEY YORK WAS PERFORMED BY ME DR UNDER MY
DIRECT PERSONAL SUPERVISON AND THAT I AM A DULY UCENSED LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA
FOR 111, P.C.
f3- L -r.5.2 Z—/z -f3
LICENSE N0. 20989
DATE
1.10 UCENSE RENEWAL DATE 13 12/31/2013
SHEETS 1 AND 2
PAGES OR SHEETS COVERED BY THIS SEAL
P.
iiw
NiEGR11YFJPEHfEE50tUIlORS
RAWN JJB
unnam. vexes.
Anon laatelang
PLAT NO. 3 —IA -13
CHECKED CL0
PROD. NO. 12218
DATE 1 -31 -13 SHEET 1 of 2
A \12 \218\218- 04 \ORAW NGS \S UVEY\12218 -018
/2200 ?Ii."A/
File Number: 2013 - 00003213
SANITARY SEWER EASEMENT
VACATE EXHIBIT
DUBUQUE MATTRESS, INC.
PLAT OF SURVEY
LOT 1 AND LOT 2 OF UNIVERSITY EXTENSION PLACE, IN
THE CITY OF DUBUQUE, IOWA
LINE BEARING DISTANCE
L1 S43'37'21 "W 30.86' ! 1��31
(S43'38'03 "W) (30.86') / `J� ti /p83`E
L2 S20'39'47 "W 48.00' -' ��\\yl kyStY • N7 6A 27'pS,E
(520'40'29 "W) (48.00') p` F, 61 Og
L3 5'57 "E 29.72' '\y `I'' �. "I 2:(39
868'5
(568'55'15 "E) (29.7 �SI° Vacate sanitary
C2.1y1• 8:6 sewer easement 1 :4\ ,237,\.) lR� 21 \5) 2-.'?8,
., 2 ML 8 �',�2iN37 n ' .W 1 Mt- LOT 2
/ l90 6o g6i
/91$96„ Di� 1 \'\ \� \
ck-- .059 63250�N 1121 5 8^ -"� \
pr90(t0' 1�6b l91 #7363 \ t-,. \\
G\ 91' YELLOW \ aU's
CAP
EXISTING 48' \ 1s
\
NW CORNER WIDE �s
1/2" LOT 2 EASEMENT PER \ \.y
DOCUMENT \i'
• #2005 -4193
NOTE.
N •$'35'57 "W
13.84'
48,619 SQ. FT.
L= 71.73' (71.74')
R= 40.00' (40.00')
A= 102'45'01" (102'45'27 ")
CHORD= S56'28'53 "E
(S56'28'11 "E)
62.50' (62.50')
PART OF LOT 2
NEWMAN PLACE NOTE
°,
L,I 0: T 2 UNIVERSITY AVENUE
°t rn N2WMpN EXTENSION R.O.W. IS SHOWN
T` PLACE PER IOWA D.O.T. ACQUISITION
CNO o PLAT FOUND IN WARRANTY
m m C \ DEED (DOCUMENT
z ``\ #2005 -5401)
..,11uuIIIIIIluu1R,..
NORTH
GRAPHIC SCALE
0 50
100
1" = 50'
DRAWING MAY HAVE BEEN REDUCED
c. PROPOSED 30'
WIDE SANITARY '
SEWER o ° X
EASEMENT
19.66' --1
N83'$551 "W
/ 69.77) " r
LOT 1
34,178 SQ. FT.
N
LOT 22 ML -237, 'C
21^ v 14'"\..._2.48
, 2 `
r*i
THE 30' WIDE SANITARY SEWER sr rDJ "
EASEMENT SHOWN ON THIS PLAT
REFLECTS CURRENT AS -BUILT
CONDITIONS.
PROPRIETOR: ELM REAL ESTATE, L.C.
SURVEYED FOR: STEVEN DUMMERMUTH
DATE OF SURVEY: JANUARY 28, 2013
43 883.55'51 "E , g7
(383'55'09 "E 8759'
,59')
SW CORNER
LOT 2
95.96'
rn
APPROXIMATE c.
EXISTING 20'
WIDE SANITARY
BE VACATED)
SEWER ' SO4'48'39 "E 48.50'
EASEMENT (SO4•47'57 "E 48.63')
(PROPOSED TO
170,68' 473.88')
S81'57' 54"W
473.56' (g84'31'06'W
US HIGHWAY 20
rr1
m� Z
C
rn
LEGEND
PLAT BOUNDARY
LOT LINE
- -- EASEMENT LINE
21 FOUND R.O.W. RAIL
IN FOUND IRON REBAR (SIZE AND
CAP AS NOTED)
• FOUND IRON PIPE (SIZE AS
NOTED)
O SET 5/8" IRON REBAR W/
ORANGE PLASTIC CAP NO. 20999
( ) RECORD INFORMATION
P.O.B. POINT OF BEGINNING
R.O.W. RIGHT OF WAY
206.92' (207.25')
DESCRIPTION: LOT 2 OF NEWMAN PLACE AND LOTS 1 AND 2 OF LOT 2 OF LOT 1
OF LOT 2 OF MINERAL LOT 237 AND LOT 2 OF MINERAL LOT 238
AND A SUBDIVISION OF PART OF LOT 1 OF THE SUBDIVISION OF
MINERAL LOT 248, EXCEPT THAT PART ACQUIRED BY THE IOWA
D.O.T. AS RECORDED IN WARRANTY DEED DOCUMENT #2005 -5401,
IN THE CITY OF DUBUQUE, IOWA.
SE CORNER
LOT 2
5/8'
NO CAP
NOTE
THIS SURVEY IS SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND RIGHTS -OF -WA
OF RECORD AND NOT OF RECORD.
Y
polnwniUprq�
\OW4
JEFFREY J.
BRANDT
=, LS 20999 z52:-.
•
O „LAND `s,,c`
I IIEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED
AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER NY
DRECT PERSONAL SUPERVISION AND THAT I AM A DULY UCENSEO LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA.
FOR IBV, P.C.
WA/1,1T DATE
LICENSE 00. 20999 TAY LICENSE RENEWAL DATE IS 12/31/2013
PACES OR SHEETS COVERED BY THIS SEAL SHEETS i AND 2
jiw
p1E0P1fYDPORDEAVN11R
DRAYW WN JJB �wL
SEROCES
V.e. 6.NEVw n
MI./ INGNEERM
.11,91.9 ENOSEFIlln
PLAT NO. 3 —IA -13
CHECKED CLC
PROJ. NO. 12218
DATE 1 -31 -13
SHEET 1 of 2
P: \12 \218\ 218- 04\0.RARRIGS \AIR4)Y\1221B -0.19
Masterpiece an the Mississippi
University Avenue Extension Vacate
Dubuque Mattress
.r
DAGIS
owequt cnre euet*rna nrrcanetmr srsnrr
DISCLAIMER: This information was compiled
using the Dubuque Area Geographic Information System
(DAGIS), which includes data created by both the City of
Dubuque and Dubuque County. It is understood that, while
the City of Dubuque and participating agencies utilrzed the
most current and accurate information available, DAGIS and
Tit's suppliers do not warrant the accuracy or currency of the
information or data contained herein. The City and participating
agencies shall not be held liable for any direct, Indirect, inddental,
consequential, punitive, or special damages, whether foreseeable or
unforeseeable, arising out of the authored or unauthorized use of
this data or the Inability to use this data or out of any breach of
warranty whatsoever.
100
1 inch = 120 feet
50
0
100 Feet
W E
S
Map Prepared by:
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4270
Fax: (563) 589 -4205
February 18th, 2013
Honorable Mayor and City Council
50 West 13th Street
Dubuque, IA 52001 -4845
RE: Vacate City Property
Dear Mayor and Council Members:
(6: 7//ii/M
( si/
This letter is written to inquire about the possibility of purchasing a portion of a city property abutting
my property along the University Extension. We plan to use the vacated property for the parking lot of
Dubuque Mattress Inc. I would also request the old sanitary sewer easement be vacated as well, as it
has since been relocated.
We have contacted the City Engineering Department and they have indicated a favorable condition for
the vacating but may need easements reserved for utilities. We understand that the vacated area would
need to be surveyed and platted at our expense and a fee paid for the parcel, plus publication and filing
fees. Please call me at (563) 582 -9144 if you have any questions.
Douglas D. Dotter
Owner
Dubuque Mattress Inc.
. IMil
. „DRAW) 41111. ilAVE II lall PEDIMIZ
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Dolter
Highway 20 Project
SITE PLAN
2013.103
Mathew Lundh
crm.d er 4..lutr
A107
,....,,,.
CITY OF DUBUQUE,;
IOWA
OFFICIAL NOTICE.
NOTICE OF A PUBLIC
HEARING OF THE CITY
COUNCIL OF THE CITY
OF DUBUQUE, IOWA,
ON THE MATTER OF
THE INTENT TO DIS-
POSE OF AN INTEREST
IN A SANITARY SEWER
EASEMENT
PUBLIC NOTICE is
hereby given that the}
City Council of the City
of Dubuque, Iowa, will
hold a public hearing
on the 18th day of
March, 2013 at 6 :30
p.m. in the Historic
Federal Building, 350
West Sixth Street,
Dubuque, Iowa, at
which meeting the City
Council proposes to
dispose of. interest
in a santary sewer
easement at the
following described
real property:
Lot 2 University
Extension Place
At the meeting, the
City Council will
receive oral and
written objections from
any resident or pro-
perty
owner of said
City to the above
action. After all objec-
tions have been
received and consi-
dered, the City Council
maylatthis meeting or
at any adjournment
thereof, take additional
for the dis -i
position of the City's
interest in such
easement above, the
approval of the
measure, or will
abandon the proposal.
By order of the City
Council said + hearing
and appeals there from
shall be held in
accordance with and
governed by the
provisions of Section
364.7 of the Code of
Iowa. This notice is
given by order of th
City Council of the City
of Dubuque, Iowa, as
provided by Chapter
403 of the Code of
Iowa;
Copies of supporting
documents for the
public hearings are on
file in the City Clerk's
Office and may be
viewed during normal
working hours.
Any visual or hearing
iing mpaired special persons need-
or persons with ss spetance cial
accessibility needs
should contacthe City
Clerk's Office at (563)
589 -4120 or TTY (563)
690 -6678 at least 48
hours prior to the
meeting.
Dated this 8th day of
March, 2013
Kevin S. Firnstahl,
CMC, City Clerk
I/8
RESOLUTION
NO. 76-13
RESOLUTION OF
INTENT TO DISPOSE
OF CITY INTEREST
AND VACATE A SANI-
TARY SEWER EASE-
MENT OVER LOT 2
UNIVERSITY EXTEN-
SION PLACE IN THE
CITY OF DUBUQUE,
DUBUQUE COUNTY,
IOWA
Whereas, Dubuque
Mattress, Inc. is the I .
current owner of Lot 2
University Extension
Place in the City of
Dubuque, Iowa; and
Whereas, an existing
sanitary sewer ease-
ment is currently
platted on said Lot 2
University Extension
Place; and
Whereas, relocation
of said sanitary sewer
was constructed as
part of the University
Avenue Extension Pro-
ject; and
Whereas, Douglas
Dotter,' representing
Dubuque Mattress,
Inc., has petitioned to
vacate the existing
sanitary sewer ease-
ment over and across
said Lot 2 University
Extension Place.
NOW THEREFORE, BE
IT RESOLVED BY THE
CITY COUNCIL OF THE
COWITY A: OF DUBUQUE,
I
Section 1. That the
City of Dubuque
intends to dispose of
its interest and vacate
a sanitary sewer
easement over Lot 2
University Extension
Place in the City of
Dubuque, Dubuque
County, Iowa, as
shown on the exhibit
attached hereto.
Section 2. That the
City Clerk be and is
hy au th or cause an a
notice of intent to
dispose of said interest
:o be published in the
manner as prescribed
by law.
Passed, approved and
adopted this 4th day of
March, 2013.
Kevin J. Lynch,
Mayor Pro Tem
Attest:! Kevin S.
Firnstahl, CMC, City
Clerk
it 3/8
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: March 8, 2013, and for which the charge is $46.98.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this day of , 20 7 .
Notary Public in and for Dubuque County, Iowa.